Robert Falkner

Robert is a leading lawyer in our global financial regulatory team and co-leads our financial markets and regulatory team. His practice covers domestic and international financial services. He specialises in litigation, regulatory enforcement defence work, general regulatory and compliance advice in the securities, derivatives, commodity and foreign exchange markets. Robert is known for distilling complex financial regulation into clear and helpful advice and he has extensive experience defending both large financial institutions and individuals in regulatory proceedings involving the FCA, PRA, Ofgem (REMIT), SFO, NCA, DOJ, FRB, SEC, FINRA, CFTC, and NFA.

Experience

Representative matters

Represented a global merchant bank on a skilled persons appointment and VREQ (restriction on permitted business) concerning TTCA (Title Transfer Collateral Arrangements) and client assets.

Represented a UK broker-dealer on a skilled persons appointment and VREQ (restriction on permitted business) concerning corporate governance arrangements and market abuse controls

Represented a senior executive at a major European investment bank in relation to an FCA investigation concerning activities in the restructuring market

Represented a global merchant bank on a skilled persons appointment and VREQ (restriction on permitted business) concerning TTCA (Title Transfer Collateral Arrangements) and client assets.

Represented a UK broker-dealer on a skilled persons appointment and VREQ (restriction on permitted business) concerning corporate governance arrangements and market abuse controls

Represented a senior executive at a major European investment bank in relation to an FCA investigation concerning activities in the restructuring market

Represented a major global energy company in relation to an investigation instigated by the French energy regulator CRE in regard to market abuse allegations concerning insider dealing in the gas market

Represented a global merchant bank in enforcement proceedings issued by the FCA, in the UK, and an investigation by the SEC and FINRA, in the US. The regulators were investigating a series of complex transactions totalling over $1 billion in value that took place in emerging markets such as Russia and Venezuela. The investigations have now been discontinued by the FCA and SEC/FINRA with no further action

Represented a client who was alleged to have conspired with other accused individuals with the intention of misleading the FCA. Due to insufficient evidence, The FCA have since confirmed that they no longer intend to proceed with the investigation into our client

Represented an FCA authorised broker –dealer and its directors in connection with tax fraud and money laundering allegations involving sums exceeding $1 billion

Represented Santander on the FCA IRHP mis-selling review and associated litigation

Represented a major commercial bank in a dispute with insurers concerning the responsibility for payment of the liability for PPI mis-selling costs (both the operational costs of dealing with such claims and the resulting redress and FOS costs)

Represented senior bank FX traders in FCA and Department of Justice investigations regarding allegations of market manipulation and anti-competitive behaviour in the FX markets

Represented the Special Administrators of WorldSpreads Ltd on regulatory and litigation matters

Represented a derivatives broker -dealer in relation to an exchange traded commodity derivatives fraud

Represented an FX broker-dealer in relation to multi-million dollar claims arising from allegations that cross-border investment transactions were conducted illegally

Represented a broker-dealer in defence of High Court proceedings against investment vehicle claims concerning equity derivative losses

Represented an investment bank in defence of High Court proceedings against oil company claims in complex structured derivative hedge dispute

Represented a broker-dealer in FCA enforcement proceedings concerning breach of FCA financial promotion rules

Represented a commodity broker-dealer in investigation and compliance audit of suspected market abuse

Represented an investment bank in investigation and compliance audit of suspected market abuse

Represented an investment bank in connection with SFO investigation of alleged fraud of issuer’s directors

Represented a major institutional fund company in High Court declaratory proceedings concerning creditor priorities in SIV insolvency

Representing a derivatives trading broker in connection with the activities of one of their metals traders on the LME. The losses to our client were estimated to be in the region of €50 million. The activities of the trader resulted in an LME investigation with allegations of breaches of the LME rules, breaches of the money laundering rules, a referral to the FSA and allegations of fraud. The matter was also referred to the SFO

Provided advice with respect to AML, FCPA, MAD and DTR obligations to a number of financial market participants

Advised on global jurisdictional and applicable law issues for electronic trading platforms and co-ordinating associated advice from foreign correspondents

Represented a number of senior individuals within an investment group in the context of an FCA investigation into potential insider dealing

Credentials

Education

University of Cambridge, Sidney Sussex College, 1985, LL.M.
University of Cambridge, Sidney Sussex College, 1984, Evan Lewis Thomas Scholarship
Victoria University, New Zealand, 1984, LL.M.
Victoria University, New Zealand, 1981, LL.B., Hons
Victoria University of Wellington, New Zealand, 1978, Sweet & Maxwell Prize in the law of Contract